Legate v. Bituminous Fire & Marine Insurance Co.

KEITH, Justice.

The appeal is from a summary judgment entered in favor of the defendant in a workmen’s compensation proceeding. Plaintiff below sought recovery of death benefits because of the death of her husband from asbestosis, the recovery being sought under the provisions of the occupational disease sections of the Act, §§ 25 and 26, Art. 8306, Vernon’s Ann.Civ.St.

It was established, as a matter of law, by the summary judgment proof: (a) deceased had been an asbestos worker for many years before he retired in January of 1964 when he began drawing his Social Security benefits at age 62;…